Gujarat High Court
Kalaji Matuji Thakor Since Expired ... vs Special Land Acquisition Officer on 18 December, 2023
Author: Ashutosh Shastri
Bench: Ashutosh Shastri
NEUTRAL CITATION
C/CA/2127/2023 ORDER DATED: 18/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2127 of 2023
In
F/FIRST APPEAL NO. 27087 of 2023
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KALAJI MATUJI THAKOR SINCE EXPIRED THROUGH LHS
Versus
SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MR YATIN SONI(868) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4,1.5,2
for the Respondent(s) No. 2
MS POOJA ASHAR ASSISTANT GOVERNMENT PLEADER for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
and
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 18/12/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI)
1. RULE. Learned AGP waives service of notice of rule on behalf of respondent-State.
2. Present Civil Application is filed for the purpose of seeking condonation of delay of 2802 days which has occurred in filing First Appeal.
3. Heard Mr. Yatin Soni, learned advocate appearing for the applicants. Learned advocate Mr. Soni has submitted that considering the explanation which has been put-forth in Page 1 of 4 Downloaded on : Tue Dec 19 20:44:19 IST 2023 NEUTRAL CITATION C/CA/2127/2023 ORDER DATED: 18/12/2023 undefined paragraph nos. 2 to 7 of the present application, the relief as prayed for may be granted as there is no mala fide intent on the part of the applicants in delaying the proceedings. Learned advocate Mr. Soni has further submitted that against the very same judgment and award, several First Appeals are already admitted and as such, the present appeal may also be heard along with the pending group of First Appeals having the very same controversy.
4. To this submission, learned Assistant Government Pleader appearing for the respondent - State has no objection more particularly, in view of the fact that the applicants have filed a specific undertaking which has been affirmed on 06.12.2023 to the effect that applicants will not claim any interest on the enhanced amount of compensation for the delayed period. The said undertaking of each of the applicants are placed on record and as such, in view of this specific undertaking having been filed, learned Assistant Government Pleader has no objection if relief as prayed for is granted.
4.1. At this stage, learned advocate appearing for the Page 2 of 4 Downloaded on : Tue Dec 19 20:44:19 IST 2023 NEUTRAL CITATION C/CA/2127/2023 ORDER DATED: 18/12/2023 undefined applicants has also made a reference to one of the decision delivered by Hon'ble Apex Court in the case of K. Subbarayudu & Ors., v. Special Deputy Collector (Land Acquisition) reported in (2017) 12 SCC 840 and while drawing attention to the relevant observations made in paragraphs 11, 12 and 13, a request is made to condone the delay.
4. Considering the aforesaid circumstances which are pointed out to us and in view of the fact that other group of First Appeal Nos. 259 of 2015 to 264 of 2015 arising out of the very same judgment are already admitted, and keeping in view the salutary principle laid down by the Hon'ble Apex Court in the case of Collector Land Acquisition. v. Mst. Katiji & Ors., reported in 1987 AIR 1353 and the observations contained therein, and when explanation is found to be sufficient enough, we are of the opinion that sufficient cause is made out to condone the delay, more particularly, when the Hon'ble Apex Court in the aforesaid decision has propounded that in case of condonation of delay in respect of land acquisition matters, Page 3 of 4 Downloaded on : Tue Dec 19 20:44:19 IST 2023 NEUTRAL CITATION C/CA/2127/2023 ORDER DATED: 18/12/2023 undefined pragmatic view be taken. Hence, considering the relevant observations as indicated above, we are of the opinion that a case is made out by the applicants to condone the delay. Hence, we allow this appeal by condoning delay of 2802 days.
5. The present application stands allowed. Rule is made absolute to the aforesaid extent.
(ASHUTOSH SHASTRI, J) (HEMANT M. PRACHCHHAK,J) phalguni Page 4 of 4 Downloaded on : Tue Dec 19 20:44:19 IST 2023